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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Employment Law
Satisfied Customers: 8855
Experience:  Dual qualified Solicitor and Attorney
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I e been suspended from work ( day 46 ). I forgot to wear my

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I e been suspended from work ( day 46 ).I forgot to wear my Hi- vis ppe in our yard and I travelled to work in a lorry with another driver. ( should only be one person in a vehicle due to CoVIfD -19 ).However I always travel to work in a lorry as I cannot get to work as I had a stroke in 2017 , so I get to work in a lorry everyday.I have a clear conduct at my company , I have worked there for 35 years.I have had a Fact Finding interview on 24/04.The case was then passed up to a Senior Manager, I attended a formal conduct meeting 22/05.No decision made yet, now 15 days later!I am the Transport Manager .I questioned the documents and witness statements on the 22/05 - it seems that a senior manager had pre- planned my sack/ suspension.I am supported by Union Rep.The senior manager has not made a decision yet however he has told my Union Rep I have got 2 options ( only by phone )1. Do wgrade ( a loss of 23k a year )2. Dismissal.The manager has sent me the role / job that I could get !!!He sent it to my private e- mail - to me everything seems pre planned.I made a genuine mistake - but not.being treated like that after 35 years.Also I have had 3 seizures and after the stroke , I have had no Risk Assessments for work ( after the stroke when I was absent from work for 5 months), I have had no discussions or interviews about my medical condition since 2018 by my line manager.I have felt that the senior managers have wanted me out!

Hi thank you for your message, it does seem that there is something untoward happening here. The best thing is to continue to make full representations via your union representative. If you are dismissed then you can bring a claim for unfair dismissal and the union should provide legal representation for that. You have a strong case around apparent disability discrimination given the lack of checks regarding your return to work after the stroke and the use of what is a minor incident to suggest dismissing you after 35 years. Also using your personal email for communication seems suspicious. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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Customer: replied 1 year ago.
Thanks very much , I’ve rated you a 5 star for your help , I have another question related to my case, the decision manager in my conduct case called my Union Rep and said that I will get 2 options1. Downgrade
2 Dismissal !!Can I be downgraded - ( currently Ive been a manager for 22 years ) to Postie as I have been employed in Royal Mail since 1985.My Salary at the moment is 40kthe downgrade job the decision manager offered via phone to my Union Rep is almost 20k less per year !

Hi thank you for your message, they cannot downgrade your position in this way without potential legal action arising from that as well.

Customer: replied 1 year ago.
Thankyou - perhaps my mistake to your question , the downgrade would be for me from a manager role to another different role/ job?You haven’t answered the ‘ pension’ question , Jeremy.

Yes I mean they cannot downgrade you without potential legal action. In terms of the pension yes they might be trying to save money I do not know. You may be better off retiring early though if that is an option given your health as well.

Customer: replied 1 year ago.
Thankyou - but unfortunately I’ve still got to earn money to pay my mortgage for another 10 years , so I need to still work, Jeremy, I enjoyed my job completely, I’ve worked at Royal Mail for 35 years, I do not want to be pushed out or pushed into another lower paid role.I believe they are trying to save money by sacking me and I have not been giving a fair chance in my job since I returned after the stroke in 2017.I attended the formal conduct meeting with my Union Rep on 22 May 2020.It is nearly 50 days of suspension now and I have no decision , what the hell is happening do you think ?It’s very stressful , I asked you can I get sacked if I’m off with stress ?Regards

Hi thank you for your message, these things can take time, in terms of dismissal you being off for stress does not prevent dismissal if they have followed the correct disciplinary procedure. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.